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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a customer that ordered merchandise six years ago. We

Resolved Question:

I have a customer that ordered merchandise six years ago. We made most of the order installed and stored some of it. Now he is coming back saying we didn't fill the order he paid for six years ago and has still not picked up the merchandise that was stored (without fees). Does he have a leg to stand on? Should I start charging fees that I will never get or ???
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.

Hi,

This would be classified as a contract dispute. Thus, whether he has a claim depends on your agreement with him.

What kind of merchandise are we talking about?

Did he agree that you should store the merchandise and did he agree to storage fees?

Is there a written agreement?

I look forward to hearing back from you.

-ZDN

Customer: replied 1 year ago.

They are real estate signs 4' x 5' on posts. It was set up (in 2006) as we would build install, take down, store his signs on an ongoing basis. This lasted about six months and then I never heard from him until now.


 


There is no written agreement just a paid invoice for the signs. He claims we didn't make them all and that we owe him money or more signs. I have three of the five signs (the other two are???) he has also accused me of not even making them but he still doesn't seem in any hurry to pick up what we have.

Expert:  Zachary replied 1 year ago.

Thanks for your response.

From what you said, I'm understanding that the agreement was that if he paid for the signs, you would store them for him. There was no limitation on the amount of time for which you would store them. Also, you have lost track of two of the signs for which he paid.

Given these facts, he might have a claim. It sounds like you struck a bad deal by agreeing to store the signs for him without any limitation on how long or whether if after a certain point in time he would owe you storage fees. Also, if you can't prove that you delivered two of those signs to him already, then you might have some trouble there too.

Did you incur any actual expenses directly related to the storage of these signs?

Do you have any recollection of him taking the two signs which you cannot account for?

-ZDN

Customer: replied 1 year ago.

He's not asking for the other two because they were on properties that he listed. If I want to end this can i just end it?

Expert:  Zachary replied 1 year ago.

OK, I'm just trying to get a grasp on what is going on.

He's demanding that he get the three signs that you are storing. You are asking whether you can charge him storage fees since he's left them there for so long.

I think because your arrangement was open ended, you should tell him to come pick up the signs if he wants them, and then invoice him for a reasonable storage fee after he's picked them up. At least at that point, he does not have a claim against you and you can decide whether or not you want to pursue him on the unpaid storage fees.

If he doesn't schedule a time in which he's going to pick up the signs, send him a certified letter that says if he doesn't pick up the signs, you are going to throw them away within a certain amount of days. He has a duty to act reasonably. As long as you communicate with him, then his refusal to pick up the signs is his problem, not yours.

Please rate my answer positively so I can receive credit for my work.

-ZDN

Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
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